What to Expect When Pursuing a Car Accident Claim In North Carolina

If you’ve been involved in a car accident in North Carolina and are considering filing an auto accident claim, it’s helpful to understand the general timeline of the process. From filing an initial claim to potential appeals, the steps may seem overwhelming at first, but breaking them down can help prepare you for what’s to come.

If you or a loved one has been injured in a car accident through no fault of your own, don’t take on the insurance company alone. At Daggett Shuler, we stand ready to protect your rights and fight to secure the maximum compensation to cover medical bills, car repairs, pain and suffering, and more. Here’s what you can expect in your car accident case.

Step 1: The Plaintiff Files and Serves the Complaint

The process begins when the injured party, the plaintiff, files a formal complaint with the court with an attorney. This document outlines the allegations of the case, including the defendant’s (the person responsible for the accident) negligence and the damages suffered by the plaintiff. Once the complaint is filed, it must be formally served to the defendant.

In North Carolina, the plaintiff has three years from the accident date to file a personal injury lawsuit due to the statute of limitations. Filing within this period is crucial to ensuring your case proceeds. An experienced car accident lawyer can ensure that all paperwork is filed properly and submitted on time.

Step 2: The Defendant Answers the Complaint

After the defendant receives the complaint, they are required to file an official response, known as an answer, within a set period, typically 30 days. In this response, the defendant may admit or deny the allegations of negligence and may assert defenses that could absolve them of liability. The answer may also include counterclaims if the defendant believes the plaintiff was partially or wholly responsible for the accident.

Step 3: Discovery Takes Place

Once the complaint has been answered, the discovery phase begins. Discovery is the process where both parties exchange information related to the case. This may include:

• Interrogatories (written questions)
• Depositions (oral testimony under oath)
• Requests for documents (such as medical records, accident reports, and insurance information)

Discovery is one of the most time-consuming stages of a car accident claim, typically lasting several months. During this phase, both sides gather evidence to support their claims, and the defendant’s insurance company may begin negotiating a settlement based on the information uncovered. To build your strongest claim, a car accident attorney will gather evidence and work with accident reconstruction professionals and expert witnesses on your behalf,

Step 4: The Case Settles (Often Before Trial)

Most car accident cases in North Carolina settle before reaching trial. After discovery, both sides better understand the case’s strengths and weaknesses. With this knowledge, settlement negotiations often begin.

Settlement discussions can occur anytime during the process—before or after discovery or even during the trial itself. Settling before trial is often the preferred route, saving time and money. If both parties agree on a fair settlement, the case will be resolved, and you’ll receive compensation for your injuries and damages.

It’s important to note that the settlement amount will be negotiated by your attorney. You should only agree to a settlement if it fully covers your medical bills, lost wages, pain and suffering, and any other damages you may have incurred.

Step 5: The Trial Occurs (If Necessary)

The case will proceed to trial if a settlement cannot be reached. During the trial, the plaintiff’s and defendant’s legal teams will present their evidence, examine witnesses, and present their cases before a judge or jury.

A trial can last anywhere from a few days to several weeks, depending on the case’s complexity. The trial process involves presenting all available evidence, and the plaintiff must prove that the defendant’s negligence was the direct cause of their injuries. On the other hand, the defendant will try to defend themselves against the allegations or argue for a lesser degree of responsibility.

After both sides present their cases, the judge or jury will decide, determining the defendant’s liability and the amount of damages, if any, to be awarded to the plaintiff.

Step 6: Potential Appeal

If the trial doesn’t result in a favorable outcome, the losing party may have the option to file an appeal. An appeal is a request for a higher court to review the decision made in the trial court to determine whether any legal errors were made during the process.

Depending on the complexity of the issues, the appeals process can add years to the overall timeline of a car accident claim. However, many cases are resolved before reaching the appeal stage.

Need Help Navigating Your Car Accident Claim? Contact Us Today

The timeline for a car accident claim in North Carolina can vary widely depending on the case, the willingness to settle, and whether it proceeds to trial or an appeal. However, understanding the general steps involved can help you prepare for what’s to come.

If you’ve been injured in a car accident in North Carolina, don’t take on the insurance company alone. At Daggett Shuler, we offer free consultations and we’re ready to help you understand your legal rights and options. You can depend on our experienced team to work tirelessly to help secure the compensation you deserve.

Contact us today by submitting a form online or calling our office at 336-724-1234 for a free consultation.